Sec. 14. (a) Whenever it appears to the county surveyor that any proceedings instituted under this chapter may affect land in more than one (1) county, the county surveyor shall immediately forward notification of that fact to the chair of the board of each county in which the land is located, by certified mail with […]
Sec. 15. Each regulated drain in a county is under the jurisdiction of the board and subject to this chapter, except as otherwise provided by this chapter. [Pre-Local Government Recodification Citation: 19-4-5-1.] As added by Acts 1981, P.L.309, SEC.101.
Sec. 16. (a) Private and mutual drains are not subject to this chapter. (b) Land drained by a private or mutual drain is subject to assessment for the construction, or reconstruction, or maintenance of a regulated drain if the land is also drained by the regulated drain. [Pre-Local Government Recodification Citation: 19-4-5-3 part.] As added […]
Sec. 17. (a) Whenever: (1) an owner wants to construct or extend a private or mutual drain, and outlet that drain into a regulated drain that is subject to this chapter; and (2) the construction or extension will not go through land owned by other persons; the owner shall file with the county surveyor having […]
Sec. 18. (a) Whenever all of the owners affected by a private or mutual drain request the board in writing to assume jurisdiction over the private or mutual drain, the board shall refer the request to the county surveyor, who shall determine whether the private or mutual drain meets the standards of design and construction […]
Sec. 19. (a) Any owner affected by a mutual drain may file a written request with the board to make the mutual drain a regulated drain under this chapter. Upon receipt of such a request, the board shall fix the date, time, and place for a hearing, which may not be less than thirty (30) […]
Sec. 2. As used in this chapter: “Affected land” means land within a watershed that is affected by the construction, reconstruction, or maintenance of a regulated drain. “Board” refers to the drainage board of a county. “Crossing” means a drainage structure that passes over, under, or through a location used for the passage of people, […]
Sec. 2.5. (a) For the purposes of this chapter, a reference to “drain”, “drainage”, or “ditch” is deemed to include a “dam”. However, sections 16(b), 17, 21, 22, 23, 24, 26, 27, 28, 54, and sections 56 through 66 of this chapter do not apply to a dam. (b) Any owner may petition a board […]
Sec. 20. A board may, by resolution, relinquish its jurisdiction over ditches and drains located in a municipality or a sanitary district, if that jurisdiction is accepted by the municipality or sanitary district. [Pre-Local Government Recodification Citation: 19-4-1-3.5.] As added by Acts 1981, P.L.309, SEC.101.
Sec. 20.5. (a) A municipal or sanitary district drain maintenance fund is established for each drain: (1) that is subject to assessments by the board for periodic maintenance and repair; and (2) jurisdiction over which is transferred by the board to a municipality or sanitary district under section 20 of this chapter. (b) Except as […]
Sec. 20.6. If jurisdiction over a drain is transferred by the board to a municipality or sanitary district under section 20 of this chapter, the municipality or sanitary district has, with respect to that drain, the same right of entry and right-of-way powers over and upon private land that are given to the county surveyor […]
Sec. 21. (a) A drain that is located partly or wholly within the corporate boundaries of a municipality is subject to this chapter only if it was constructed by the municipality under this chapter, IC 19-4 (repealed February 26, 1982), or a statute repealed by Acts 1965, c.305, s.1003. (b) If a municipal drain not […]
Sec. 22. (a) A municipality acting under a statute other than this chapter may not construct, reconstruct, or maintain a drain that: (1) is located partly or wholly within the corporate boundaries of the municipality; and (2) will flow directly or indirectly into a regulated drain that is subject to this chapter; without the written […]
Sec. 23. (a) Whenever: (1) a person wants to connect a drain with a regulated drain that is subject to this chapter; and (2) the connection would result in the discharge into the regulated drain of liquid wastes that would cause or contribute to pollution of the receiving waters; the person seeking the connection must […]
Sec. 24. (a) A regulated drain that is located within a conservancy district is not subject to this chapter if: (1) the drain has been designated for construction, reconstruction, or maintenance in the district plan of the conservancy district; and (2) the district plan was approved before January 1, 1966. However, if the drain has […]
Sec. 25. Whenever a regulated drain that is subject to this chapter is included in a flood control project approved by the department of natural resources, the drain ceases to be subject to this chapter. The construction, reconstruction, and maintenance of such a drain is the responsibility of the local agency that constructs and maintains […]
Sec. 26. A drain that is under the jurisdiction of: (1) a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8; or (2) an association established under Acts 1913, c. 165; is not subject to annual assessments for periodic maintenance under this chapter, and the district or association […]
Sec. 26.5. (a) A county executive may change a regulated drain that is subject to this chapter into a drain that is subject to the jurisdiction of a drainage maintenance and repair district under IC 14-27-8. (b) When a drain that is subject to assessments for periodic maintenance and repair under this chapter becomes subject […]
Sec. 27. (a) A written statement alleging that a drainage maintenance and repair district established under IC 13-2-21 (before its repeal) or under IC 14-27-8 is not active and is not properly maintaining the drains under its control may be filed with the board by: (1) the owners of fifty-one percent (51%) in area of […]
Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by: (1) members of the association who own fifty-one percent (51%) in area of […]
